May 3, 2013 – Federal Register Recent Federal Regulation Documents

National Practitioner Data Bank
Document Number: 2013-10566
Type: Rule
Date: 2013-05-03
Agency: Department of Health and Human Services
This document corrects non-substantive technical errors in the final rule entitled ``National Practitioner Data Bank'' which appeared in the April 5, 2013, issue of the Federal Register. The corrections improve the precision of the text, which is intended to enhance the accuracy with which users comply with these regulatory requirements.
National Organic Program (NOP); Sunset Review (2013)
Document Number: 2013-10556
Type: Proposed Rule
Date: 2013-05-03
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would address recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) following their November 2011 and May 2012 meetings. These recommendations pertain to the 2013 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the recommendations from the NOSB, this proposed rule would continue the allowed uses of multiple synthetic and nonsynthetic substances and the prohibition of one nonsynthetic substance on the National List (along with any restrictive annotations). This proposed rule would also remove one synthetic substance from the National List.
Installed Systems and Equipment for Use by the Flightcrew
Document Number: 2013-10554
Type: Rule
Date: 2013-05-03
Agency: Federal Aviation Administration, Department of Transportation
This rule amends design requirements in the airworthiness standards for transport category airplanes to minimize the occurrence of design-related flightcrew errors. The new design requirements will enable a flightcrew member to detect and manage his or her errors when the errors occur. Adopting this rule will eliminate regulatory differences between the airworthiness standards of the United States (U.S.) and those of the European Aviation Safety Agency (EASA) without affecting current industry design practices.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: 2013-10527
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Island management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the A season allowance of the 2013 Atka mackerel total allowable catch (TAC) in the CAI allocated to vessels participating in the BSAI trawl limited access fishery.
Defense Logistics Agency Privacy Program
Document Number: 2013-10523
Type: Rule
Date: 2013-05-03
Agency: Department of Defense, Office of the Secretary
The Defense Logistics Agency (DLA) is revising its Privacy Act procedural and exemption rules. The DLA Privacy Offices have been repositioned under the DLA General Counsel; therefore, responsibilities have been updated to reflect the repositioning. In addition, DLA has adopted revisions to the DoD Privacy Program.
Community Connect Broadband Grant Program
Document Number: 2013-10502
Type: Rule
Date: 2013-05-03
Agency: Department of Agriculture, Rural Utilities Service
The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, amends its regulations for the Community-Oriented Connectivity Broadband Grant Program (Community Connect Grant Program). The purpose of this regulatory change is to provide the Agency the ability to target limited resources to geographical as well as technological areas of need. This rule is not applicable to Community Connect grant applications filed for funding prior to the publication of a Notice of Funds Availability (NOFA) under this regulation.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-10487
Type: Proposed Rule
Date: 2013-05-03
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the frame-to-floor beam attachment is subject to widespread fatigue damage (WFD). This proposed AD would require repetitive high frequency eddy current inspections for any crack of the frames at body station (STA) 188 through STA 344, and repair if necessary. We are proposing this AD to detect and correct fatigue cracking at the frame-to-floor beam attachment, on both the left- and right-sides, which could result in reduced structural integrity of the airplane, and decompression of the cabin.
Airworthiness Directives; Airbus Airplanes
Document Number: 2013-10486
Type: Proposed Rule
Date: 2013-05-03
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200, -300 and -200 Freighter series airplanes, and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD would require, for certain airplanes, revising the airplane flight manual (AFM) to advise the flight crew of emergency procedures for addressing Angle of Attack (AOA) sensor blockage. This proposed AD would also mandate replacing the AOA sensor conic plates with AOA sensor flat plates, which is a terminating action for the AFM revision. This proposed AD was prompted by a report that an airplane equipped with AOA sensors installed with conic plates recently experienced blockage of all sensors during climb, leading to autopilot disconnection and activation of the alpha protection (Alpha Prot) when Mach number was increased. We are proposing this AD to prevent reduced control of the airplane.
Contractor Legal Management Requirements; Acquisition Regulations
Document Number: 2013-10485
Type: Rule
Date: 2013-05-03
Agency: Department of Energy
The Department of Energy revises existing regulations covering contractor legal management requirements. Conforming amendments are also made to the Department of Energy Acquisition Regulation (DEAR). The regulations provide rules for handling of legal matters and associated costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained directly by the Department for matters in which costs exceed $100,000.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2013-10481
Type: Proposed Rule
Date: 2013-05-03
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 747 series airplanes. The existing AD currently requires inspection of the fuselage skin lap splice between body station (BS) 340 and BS 400 at stringers (S)-6L and S-6R, and repair, if necessary. Since we issued that AD, analysis results indicated that the protruding head fastener modification and related post-modification inspections currently required are not adequate to prevent cracking at the upper row of fasteners in the stringer 6 lap joint before the cracks reach a critical length. This proposed AD would add new repetitive inspections for cracking in the stringer 6 skin lap splice, which would terminate the existing inspections; and eventual modification of the lap splice, which would terminate the repetitive inspections; post-modification inspections; and corrective actions if necessary. This proposed AD would also add airplanes to the applicability. We are proposing this AD to detect and correct cracking at the upper row of fasteners in the stringer(s) 6 lap joint, which could result in a sudden loss of cabin pressurization and the inability of the fuselage to withstand failsafe loads.
Minimum Value of Eligible Employer-Sponsored Plans and Other Rules Regarding the Health Insurance Premium Tax Credit
Document Number: 2013-10463
Type: Proposed Rule
Date: 2013-05-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to the health insurance premium tax credit enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the Medicare and Medicaid Extenders Act of 2010, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011, and the Department of Defense and Full-Year Continuing Appropriations Act, 2011. These proposed regulations affect individuals who enroll in qualified health plans through Affordable Insurance Exchanges (Exchanges) and claim the premium tax credit, and Exchanges that make qualified health plans available to individuals and employers. These proposed regulations also provide guidance on determining whether health coverage under an eligible employer-sponsored plan provides minimum value and affect employers that offer health coverage and their employees.
Fisheries Off West Coast States; West Coast Salmon Fisheries; 2013 Management Measures
Document Number: 2013-10462
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Through this final rule NMFS establishes fishery management measures for the 2013 ocean salmon fisheries off Washington, Oregon, and California and the 2014 salmon seasons opening earlier than May 1, 2014. Specific fishery management measures vary by fishery and by area. The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- treaty commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and inside fisheries (fisheries occurring in state internal waters). This document also announces the availability of an environmental assessment (EA) that analyzes the environmental impacts of implementing the 2013 ocean salmon management measures.
Fisheries of the Northeastern United States; Final 2013-2015 Spiny Dogfish Fishery Specifications
Document Number: 2013-10461
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule implements specifications and management measures for the spiny dogfish fishery for the 2013-2015 fishing years consistent with the recommendations of the Mid-Atlantic and New England Fishery Management Councils. The approved commercial quotas represent increases over status quo levels, and the possession limit is also increased. The action is expected to result in positive economic impacts for the spiny dogfish fishery while maintaining the conservation objectives of the Spiny Dogfish Fishery Management Plan.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 50
Document Number: 2013-10460
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS partially approves Framework Adjustment 50 (Framework 50) to the Northeast (NE) Multispecies Fishery Management Plan (FMP), and implements the approved measures. NMFS also implements three parallel emergency actions to set fishing year (FY) 2013 catch limits for Georges Bank (GB) yellowtail flounder and white hake, and to modify the maximum Gulf of Maine (GOM) cod carryover available to sectors from FY 2012 to FY 2013. Framework 50 sets specifications for FYs 2013-2015, including 2013 total allowable catches (TACs) for U.S./Canada stocks, and revises the rebuilding program and management measures for Southern New England/Mid-Atlantic (SNE/MA) winter flounder. This final rule also implements FY 2013 management measures for the recreational and common pool fisheries and clarifies how to account for sector carryover for FY 2013 and for FY 2014 and beyond. These actions are necessary to prevent overfishing, rebuild overfished stocks, achieve optimum yield (OY), and ensure that management measures are based on the best available scientific information.
Special Conditions: Airbus, Model A340-600 Series Airplanes; Lower Deck Crew Rest Compartments
Document Number: 2013-10446
Type: Rule
Date: 2013-05-03
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus Model A340 series airplanes. These airplanes, as modified by Flight Structures, Inc., will have a novel or unusual design feature associated with the installation of lower deck crew rest (LDCR) compartments. The LDCR compartment is novel in terms of part 25 in that it will be located under the passenger cabin floor in the aft cargo compartment of Airbus Model A340-200 series airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish
Document Number: 2013-10437
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements accountability measures for the commercial sector for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for golden tilefish, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for golden tilefish on May 5, 2013. Therefore, NMFS closes the commercial sector for golden tilefish in the South Atlantic EEZ on May 5, 2013, and it will remain closed until the start of the next fishing season, January 1, 2014. This closure is necessary to protect the golden tilefish resource.
Truth in Lending (Regulation Z)
Document Number: 2013-10429
Type: Rule
Date: 2013-05-03
Agency: Bureau of Consumer Financial Protection
The Bureau of Consumer Financial Protection (Bureau) issues this final rule to amend Regulation Z, which implements the Truth in Lending Act (TILA), and the official interpretations to the regulation. Regulation Z generally prohibits a card issuer from opening a credit card account for a consumer, or increasing the credit limit applicable to a credit card account, unless the card issuer considers the consumer's ability to make the required payments under the terms of such account. Regulation Z currently requires that issuers consider the consumer's independent ability to pay, regardless of the consumer's age; in contrast, TILA expressly requires consideration of an independent ability to pay only for applicants who are under the age of 21. The final rule amends Regulation Z to remove the requirement that issuers consider the consumer's independent ability to pay for applicants who are 21 or older, and permits issuers to consider income and assets to which such consumers have a reasonable expectation of access.
Mail or Telephone Order Merchandise Rule; Staff Report
Document Number: 2013-10405
Type: Proposed Rule
Date: 2013-05-03
Agency: Federal Trade Commission, Agencies and Commissions
The FTC announces the publication of the Staff Report on the Mail or Telephone Order Merchandise Rule (``MTOR'' or ``Rule''). The Staff Report sets forth the staff's recommendations to the Commission on the various proposed amendments to the MTOR.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Framework Adjustment 48
Document Number: 2013-10402
Type: Rule
Date: 2013-05-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Through this interim final rule, NMFS announces that it partially approves Framework Adjustment 48 to the NE Multispecies Fishery Management Plan (FMP) and implements the approved measures in the regulations. Framework 48 is the first of two parallel and related actions developed by the New England Fishery Management Council (Council) to respond to updated stock status information and to adjust other management measures in the NE multispecies (groundfish) fishery beginning in fishing year (FY) 2013. This action implements new status determination criteria for Gulf of Maine (GOM) cod, Georges Bank (GB) cod, Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder, and white hake based on new benchmark assessments completed for these stocks in 2012 and 2013. NMFS is approving and implementing updated status determination criteria for white hake through this interim final rule and accepting further comment on this measure since it was not available for comment in the Framework 48 proposed rule. NMFS will publish a subsequent final rule to respond to any comments received, if necessary. Through this action, NMFS has also approved and is implementing the following Framework 48 measures: Elimination of dockside monitoring requirements for the groundfish fishery; lower minimum fish sizes for several groundfish stocks; clarified goals and performance standard for groundfish monitoring programs; revisions to the allocation of GB yellowtail flounder to the scallop fishery; and establishment of sub-annual catch limits (ACLs) of GB yellowtail flounder and SNE/MA windowpane flounder for the scallop and other non- groundfish fisheries. NMFS also approved revisions to recreational and commercial accountability measures (AMs), including amendments to existing AMs for windowpane flounder, ocean pout, and Atlantic halibut, and new ``reactive'' AMs for Atlantic wolffish and SNE/MA winter flounder, to address a remand by the U.S. District Court of Appeals. NMFS disapproved some measures in Framework 48: A provision for cost- sharing of monitoring costs between the industry and NMFS; a provision to delay industry-funded monitoring to FY 2014; finer scale discard rate strata for GB yellowtail flounder; and a provision to remove requirements for groundfish trawlers to stow their gear when transiting closed areas. Through this interim final rule, NMFS also withdraws a proposed correction to the regulations specific to monitoring of the Eastern U.S./Canada quotas, and will be accepting additional public comment on this issue. These measures are necessary to meet the requirements of the FMP and the Magnuson-Stevens Act, most notably preventing overfishing, ensuring that management measures are based on the best available science, and mitigating, to the extent practicable, potential negative economic impacts from reductions in catch limits anticipated for fishing year FY 2013.
Authorization of Radiofrequency Equipment
Document Number: 2013-10315
Type: Proposed Rule
Date: 2013-05-03
Agency: Federal Communications Commission, Agencies and Commissions
This document proposes certain changes to the Commission's equipment authorization processes to ensure that they continue to operate efficiently and effectively. In particular, it addresses the role of TCBs in certifying RF equipment and post-market surveillance, as well as the Commission's role in assessing TCB performance. It also addresses the role of test laboratories in the RF equipment approval process, including accreditation of test labs and the Commission's recognition of laboratory accreditation bodies, and measurement procedures used to determine RF equipment compliance. The Commission believes that the changes proposed will enable new and innovative products to be brought to market as quickly as possible, thus promoting competition in the provision of RF equipment, while at the same time protecting against interference among radio services and devices using the RF spectrum.
Radio Broadcasting Services; Peach Springs, Arizona
Document Number: 2013-10301
Type: Rule
Date: 2013-05-03
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of The Hualapai Tribe, allots FM Channel [dagger]265A as a first Tribal Allotment and a potential second local transmission service at Peach Springs, Arizona. (The symbol ``[dagger]'' will be used to denote a channel reserved as a Tribal Allotment.) Channel [dagger]265A can be allotted at Peach Springs, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 35-33-17 NL and 113-23-41 WL. See Supplementary Information infra.
Revisions to the Petition for Rulemaking Process
Document Number: 2013-10117
Type: Proposed Rule
Date: 2013-05-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to streamline its process for addressing petitions for rulemaking (PRMs). The proposed amendments are intended to improve transparency and make the PRM process more efficient and effective.
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